"There have been times throughout American history where what is right is not the same as what is legal. Sometimes to do the right thing you have to break the law," Snowden told Brian Williams.

Brian Kilmeade asked the judge what kind of society we would have if people decided to break laws that they did not feel were right.

Napolitano countered that the nation's founders did just that and were considered "traitors" in the eyes of the King of England.

"When you do that and you succeed, you're considered a hero and you're a patriot. When you do that and you fail, you end up in the gallows or in jail," said Napolitano.

Kilmeade then pressed the judge on what kind of "courage" Snowden showed by stealing the documents and then fleeing to Russia.

"He saw what happened to other people who attempted to reveal what the government was doing. I don't justify living in Moscow at all, but he seems to feel that Moscow is a place where the American government can't reach him," said Napolitano, pointing out that Snowden has hired a prominent D.C. attorney to negotiate his return to the U.S. with the Justice Department.

Napolitano thinks there will be a deal struck and does not believe the government wants to put Snowden on trial.

Watch the full discussion above, including Judge Napolitano's reaction to Snowden's argument that the U.S. cannot be a free society while being subject to surveillance.

"We have to say 'there are some things worth dying for' and I think the country is one of them," said Snowden.

To hear more analysis from Judge Napolitano, tune in to Special Report's All-Star Panel, tonight at 6:30p ET.